Divorcing under Jewish law in Australia

Obtaining a "Gett" is a critical part of separation for Jewish couples. So, what is a Gett and what happens if your partner won't accommodate one?

What is a Gett?

There are only two ways a Jewish marriage can end. The first is by one spouse dying, and the second is through a Gett.

A Gett is a Jewish divorce. The term "Gett" is used to describe both the actual divorce document, and the process through which it is implemented. A Gett must be freely given by the husband and freely accepted by the wife. Whilst a couple may have obtained a secular divorce, they will not be considered separated under Jewish law (known as "Halacha") until a Gett has been granted.

Parties may be divorced in a secular sense but remain married under Jewish law.

What is the process of obtaining a Gett?

The "Beth Din" is the religious court for the Jewish community. It comprises a panel of rabbis who oversee various matters under Jewish law, including the Gett.

Put simply, there are three steps to obtaining a Gett:

1. Completion of necessary paperwork.
2. Arranging the Gett date.
3. The Gett day, which involves the physical writing of the Gett by a scribe, the husband giving the Gett to the wife, and the wife accepting the Gett from the husband.

What happens if my partner doesn't want to give, or accept, a Gett?

Under Jewish law, the implications of failing to obtain a Gett are significant. Without a Gett, a Jewish woman will be considered an "agunah", meaning they are "chained" to their estranged spouse. This impacts their ability to remarry and prevents any of their future children from being married under Orthodox Jewish law.

Additionally, observant women may face cultural issues associated with being an "agunah" or a child born to a woman who is "agunah".

Will Australian courts intervene?

Recent cases in Australian courts and in courts around the world have illustrated the serious implications under family violence legislation if a party to a relationship fails to comply with the other party's request for a Gett.

In Victoria, the applicable family violence legislation is the Family Violence Protection Act 2008 (the Act). There is equivalent legislation in each of the other Australian states and territories. The definition of family violence under the Act is broad and can include coercive control, threatening behaviour, and even behaviour that is emotionally or psychologically abusive.

Accordingly, the failure to give or receive a Gett may constitute family violence under civil law. Notably, if there is a family violence order in force, a failure to give or receive a Gett could constitute a breach of the order, which is a criminal offence.

The interplay between Jewish law and civil law is complex and can be difficult to navigate for separating couples. That complexity extends beyond obtaining a Gett, and often includes myriad cultural and religious milestones and traditions. Understanding Jewish culture is vital to traversing those issues.

Separate to religious and cultural matters, each family has its own traditions which may need to be considered as part of the couple's separation. Family law is not just "law"; it is also about people.

If you need assistance navigating these or other family law related issues, please contact a member of Lander & Rogers' Family & Relationship Law group for advice. Our diverse team of specialised family lawyers is attuned to the cultural sensitivities that can surround these matters.